Missouri Revised Statutes

Finding that marriage is irretrievably broken, when--notice--denial
by a party, effect of--alternate findings.

452.320. 1. If both of the parties by petition or otherwise have stated
under oath or affirmation that the marriage is irretrievably broken, or one
of the parties has so stated and the other has not denied it, the court,
after considering the aforesaid petition or statement, and after a hearing
thereon shall make a finding whether or not the marriage is irretrievably
broken and shall enter an order of dissolution or dismissal accordingly.

2. If one of the parties has denied under oath or affirmation that the
marriage is irretrievably broken, the court shall consider all relevant
factors, including the circumstances that gave rise to the filing of the
petition and the prospect of reconciliation, and after hearing the evidence
shall

(1) Make a finding whether or not the marriage is irretrievably broken,
and in order for the court to find that the marriage is irretrievably broken,
the petitioner shall satisfy the court of one or more of the following facts:

(a) That the respondent has committed adultery and the petitioner finds
it intolerable to live with the respondent;

(b) That the respondent has behaved in such a way that the petitioner
cannot reasonably be expected to live with the respondent;

(c) That the respondent has abandoned the petitioner for a continuous
period of at least six months preceding the presentation of the petition;

(d) That the parties to the marriage have lived separate and apart by
mutual consent for a continuous period of twelve months immediately preceding
the filing of the petition;

(e) That the parties to the marriage have lived separate and apart for a
continuous period of at least twenty-four months preceding the filing of the
petition; or

(2) Continue the matter for further hearing not less than thirty days or
more than six months later, or as soon thereafter as the matter may be
reached on the court's calendar, and may suggest to the parties that they
seek counseling. No court shall require counseling as a condition precedent
to a decree, nor shall any employee of any court, or of the state or any
political subdivision of the state, be utilized as a marriage counselor. At
the adjourned hearing, the court shall make a finding whether the marriage is
irretrievably broken as set forth in subdivision (1) above and shall enter an
order of dissolution or dismissal accordingly.